Maine Dog Bite Laws

According to the United States Centers for Disease Control and Prevention, there are more than 4.5 million people who suffer dog bites in the country annually. Almost one in five of these victims requires medical treatment, with children being the most common victims. In addition, the CDC has found that over 800,000 victims are treated on an annual basis.

While dog bites are preventable, it can be difficult to determine when they will occur. Regardless of their breed, these pets can inflict harm under certain circumstances. Furthermore, those who are bitten must deal with the legal burdens involved if they wish to sue a dog’s owner for their losses.

This article will help residents in Maine learn about the state’s laws and guidelines for dog bite incidents. It will also inform them of the ordinances that dog owners must adhere to and whether they are applicable in their respective cases.

Dog Owner Responsibilities in Maine

Licenses and Other Preliminary Requirements

There are regulations that are enforced in Maine to ensure that dogs are kept safe and do not cause trouble for people. As part of the state’s primary requirements for ownership, dog owners must have their pets licensed.

Those who own a wolf hybrid must also have their pet microchipped, tattooed, or marked in any similar way to make it identifiable. In addition, they must have the animal spayed or neutered as a prerequisite for owning it. These requirements must be met before a wolf hybrid can be issued a license.

Dogs At Large

Maine law prohibits all dogs from being “at large" or wandering outside of their owner’s property without their supervision. Dogs are only allowed to be at large if they are used for hunting. However, the state does require hunting dogs and those being trained to hunt to have the following:

• A collar bearing their owner’s name, address, and telephone number.

• A collar with a GPS tracker that will monitor the dog’s location at all times.

In spite of this, hunting dogs are prohibited from entering a person’s private property without permission. This also applies if:

• A hunting dog has previously entered an individual’s property.

• Law enforcement personnel have issued a written notice banning the further entry of hunting dogs into the property within the past 365 days.

Currently, there is no specific state-wide requirement for dogs to be leashed in Maine. However, state law allows local municipalities to impose their own ordinances on whether dogs must be leashed. As such, residents can check their local area if their pet must be put on a leash.

Noise Control

Similarly, cities and towns in Maine are given the authority to create their own regulations for noise control. For example, the town of North Yarmouth has a law prohibiting dogs from barking or howling constantly for 20 minutes or more. Bath and Farmington also have their respective noise control laws for dogs, along with rules concerning leashes and waste disposal.

Rabies Vaccination

Maine requires all dog owners to have their pets vaccinated against rabies within 30 days after they have turned three months old. The same law applies to any wolf hybrid pet.

Once vaccinated, a dog will be considered “protected” for one year, after which they must receive a booster vaccination. Any subsequent booster shots must be administered at the intervals specified by public health veterinarians in the state.

Nuisance and Dangerous Dogs in Maine

Unlike certain states in the country, Maine does not have breed-specific legislation. These refer to laws that regulate the ownership of specific dog breeds that are considered dangerous to people or other animals. The state also does not allow municipalities to create or enact these kinds of laws.

Instead, Maine classifies canines that inflict physical harm upon another person or animal as either nuisance dogs or dangerous dogs. According to the definitions in Title 7, Section 3907 of the state’s Animal Welfare Act, a nuisance dog is categorized as such if:

• It harms someone who is not trespassing on its owner’s property.

• It makes a person who is acting in a nonaggressive manner fear the possibility of injury through assault or the threat of assault.

• It damages the personal property of another person while it is not on its owner’s property.

Meanwhile, a dog is considered dangerous if it inflicts serious harm, makes a person fear the possibility of it, or causes the death of a person or another domesticated animal. The same applies if the dog has harmed someone after being previously categorized as a nuisance.

On the other hand, a dog cannot be considered dangerous or a nuisance if:

• It has no history of previous attacks, and it attacks or threatens to attack a person who has provoked it immediately before the incident occurred.

• It seriously harms or kills a person who is committing a crime against another individual or its owner’s property.

Liability Standards in Maine Dog Bite Cases

When establishing liability in dog bite cases, Maine courts enforce the rule of strict liability. This means that if a person’s dog harms another individual who is not on their property at the time, the owner must reimburse the victim for their losses. This applies regardless of whether the owner was negligent in handling their dog or not.

If the victim was bitten while they were on the owner’s property, standard negligence rules would apply. This means that the victim must prove the dog owner’s negligence in restraining or controlling their pet. If the victim provoked the dog or was trespassing at the time, they would likely be considered partially liable for their own injuries.

While Maine follows the doctrine of modified comparative negligence in most injury cases, it has a unique provision for dog bites. Specifically, a bite victim who is partially liable will not have their recoverable damages deducted unless their fault is greater than the dog owner’s own liability.

Regardless of this rule, a victim can only file a suit if their fault does not reach or exceed 50%.

Police Dogs

Police dogs or K9 units are not immediately subject to normal liability rules since they are trained to attack in police operations. Maine also does not consider K9 units to be nuisance or dangerous dogs. However, this does not mean that police dog handlers cannot be sued for damages.

If a handler fails to control a K9 unit outside of a police operation and ends up injuring someone, they can be held liable for the resulting losses. This also applies if they let the dog attack someone who committed only a light offense.

Statute of Limitations in Maine for Dog Bite Cases

Maine gives dog bite victims a maximum of six years to take legal action. The countdown for this will start on the date when the victim was bitten. If they fail to file their suit within the given period, it is highly likely that the court will dismiss their case.

On the other hand, if the victim is a minor or someone who is deemed mentally incapable of filing, the statute of limitations will be “tolled” or paused. The same applies to those who are imprisoned or absent from the country.

Once any of these legal disabilities have been removed, the victim or their representative will have up to 10 years to take legal action. However, the statute of limitations cannot be extended beyond 20 years.

Civil Penalties for Dog Bites in Maine

Because nuisance and dangerous dogs are likely to inflict harm, Maine enforces a civil sanction against those who choose to keep such animals. They will be fined a minimum of $250 and a maximum of $5,000, excluding any other imposed costs and damages if their dog harms someone.

Some of the decisions enforced by the court regarding a dangerous dog may include:

• Having the dog confined in a secure, locked enclosure permanently or for a specific period of time.

• Requiring the dog’s owner to obtain liability insurance with a minimum coverage of $100,000.

• Requiring the dog to be evaluated and its owner to participate in dog training classes.

If the owner fails to follow the court’s decision, they will be held in contempt, while their dog will be humanely euthanized. They will also be made to pay any costs related to the dog’s seizure and euthanasia, along with other expenditures related to their case’s proceedings.

Criminal Penalties for Dog Bites in Maine

When a dog attacks a person, its owner is required by law to report the incident to the local authorities. They must also arrange for the victim’s immediate medical treatment. They can only leave the scene of the incident if they need to contain their dog after securing aid.

Once this is done, they must provide their name, current address, and contact information to the victim, any person acting on their behalf, or a responding police officer.

Any dog owner who fails to comply with these steps will be charged with a class D crime. The potential sanctions include a fine of $2,000 and imprisonment lasting for up to 364 days.

Reporting and Handling Dog Bite Incidents

A victim of a dog bite should seek medical attention right away. It is important that they do not panic and instead focus on cleaning and treating the wound with basic first aid. If they are present, the dog’s owner must help the victim receive proper medical aid, as mentioned above.

If the wound is serious, the victim must be brought to a doctor who can address the injury and prescribe anti-tetanus and rabies shots.

After this, the victim will be given 30 days to file a written report with the local authorities or an Animal Control Officer. In addition, the victim can begin gathering evidence and testimonies for an injury claim against the owner.

How to Find a Dog Bite Attorney in Maine

When preparing a dog bite claim, victims have to take Maine’s laws into account. They must take note of the ordinances that may be involved and calculate the total damages they are likely to recover. In order to help them create a sound argument for their claim, they can work with an attorney who can investigate on their behalf.

Other Resources for Dog Bite Victims in Maine

Maine State Bar Association

The Maine State Bar Association offers assistance to local residents through its public services. It can help people find potential legal representation through the Lawyer Referral Service. It also has a directory of legal clinics and organizations in the state that accommodate low-income individuals and families.

Maine Animal Control Association - Resources

The Maine Animal Control Association’s website offers access to various resources, including information related to local animal welfare laws and rabies management. It also allows users to download online copies of forms that they can submit to Animal Control Officers when reporting a biting incident or a dangerous dog.

State of Maine Judicial Branch - Legal Aid Resources

The State of Maine Judicial Branch assists people in looking for possible legal help online. Its directory of legal aid resources contains website links and contact information for different organizations that offer pro bono assistance in civil law matters.